Einstein & Lehman v. Munnerlyn

Citations

• 32 Fla. 381

Syllabus

<p>1. On the issue made by a traverse of an attachment affidavit, the-burden of proof is on the plaintiff, and he is entitled to the opening and conclusion.</p> <p>2. In connection with testimony tending to show that the defendant in attachment proceedings had mortgaged his property in order to protect certain of his creditors in the event other creditors would not wait on him, plaintiff offered in evidence four-mortgages from defendant to one firm — three of them bearing dates within a few days of each other and but a short time before the attachment suit was commenced. On objection, that. the mortgages were irrelevant, the court excluded them from the consideration of the jury: Held, That the ruling was erroneous, and that the mortgages should have been submitted to the consideration of the jury on the question of fraudulent intent in fact.</p>